Report. from 27 September to 7 October CPT/Inf (2018) 6

CPT/Inf (2018) 6 Report to the Portuguese Government on the visit to Portugal carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 27 September to 7 October 2016 The Portuguese Government has requested the publication of this report and of its response. The response is set out in document CPT/Inf (2018) 7. Strasbourg, 27 January 2018

- 2 - CONTENTS Copy of the letter transmitting the CPT s report...4 EXECUTIVE SUMMARY...5 I. INTRODUCTION...9 A. Dates of the visit and composition of the delegation...9 B. Establishments visited...9 C. Consultations held by the delegation and co-operation encountered...10 D. National Preventive Mechanism...11 II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED...12 A. Law enforcement agencies...12 1. Preliminary remarks...12 2. Ill-treatment...13 3. Effective investigations of ill-treatment...16 4. Safeguards against ill-treatment...20 5. Conditions of detention...22 B. Prison establishments...24 1. Preliminary remarks...24 a. recent developments...24 b. prisons visited...25 2. Ill-treatment...26 3. Conditions of detention...30 a. material conditions...30 b. regime...33 4. Staff matters...35 5. Health care services...36 a. introduction...36 b. staff and facilities...37

- 3 - c. medical screening on admission and recording of injuries...39 d. medical confidentiality...40 e. use of chemical restraint in prisons...41 f. deaths in prison and prevention of suicide (and self-harm)...41 6. Other issues...43 a. discipline...43 b. contact with the outside world...46 c. complaints and inspection procedures...47 7. Monsanto High Security Prison...47 C. Forensic psychiatric institutions under the Directorate General for Prisons and Rehabilitation Services (DGPRS)...54 1. Preliminary remarks...54 2. Ill-treatment...55 3. Patients living conditions and activities...56 a. psychiatric unit of Caxias Prison Hospital...56 b. Psychiatric Hospital of Santa Cruz do Bispo Prison...58 4. Treatment...59 5. Staff...60 a. psychiatric unit of Caxias Prison Hospital...60 b. psychiatric Hospital of Santa Cruz do Bispo Prison...61 6. Seclusion and means of restraint...63 a. guidelines on the use of restraint...63 b. psychiatric unit of Caxias Prison Hospital...63 c. Psychiatric Hospital of Santa Cruz do Bispo Prison...64 7. Safeguards...67 a. placement and discharge...67 b. safeguards during placement...67 Appendix: List of the national authorities and non-governmental organisations with which the delegation held consultations...69

- 4 - Copy of the letter transmitting the CPT s report Strasbourg, 20 March 2017 Ms Vera Ávila Head of the Human Rights Unit DGPE - Directorate-General for External Policy Ministry of Foreign Affairs of Portugal Palácio das Necessidades Largo do Rilvas 1399-030 Lisboa Codex Portugal Dear Ms Ávila, In pursuance of Article 10, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, I enclose herewith the report to the Portuguese Government drawn up by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) following its visit to Portugal from 27 September to 7 October 2016. The report was adopted by the CPT at its 92 nd meeting, held from 6 to 10 March 2017. The various recommendations, comments and requests for information formulated by the CPT are highlighted in bold in the body of the report. As regards more particularly the CPT s recommendations, having regard to Article 10, paragraph 1, of the Convention, the Committee requests the Portuguese authorities to provide within six months a response giving a full account of action taken to implement them. The CPT trusts that it will also be possible for the Portuguese authorities to provide, in the abovementioned response, reactions to the comments and requests for information formulated in this report. As regards the recommendations in paragraphs 45, 49, 50, 95 and 128 the CPT requests a response within two months. I am at your entire disposal if you have any questions concerning either the CPT s report or the future procedure. Yours sincerely, Mykola Gnatovskyy President of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

- 5 - EXECUTIVE SUMMARY In the course of the 2016 periodic visit, the CPT s delegation reviewed the treatment of persons detained by law enforcement agencies and examined the system of investigating allegations of illtreatment by law enforcement officials. The delegation also visited a number of prisons, focusing on the conditions of detention and the treatment of various categories of prisoners notably those held on remand and in disciplinary segregation as well as juveniles and vulnerable prisoners. The situation of patients held in two forensic psychiatric units was also examined. The co-operation received by the delegation throughout the visit was, on the whole, excellent. However, the principle of co-operation set out in Article 3 of the Convention also requires that decisive steps be taken to improve the situation in the light of the Committee s key recommendations. In this context, the CPT trusts that the Portuguese authorities will take concrete measures to address long-standing recommendations such as those concerning the regime for prisoners at Monsanto High Security Prison and the conditions of detention for inmates in certain areas of Lisbon Central Prison. Further, the Psychiatric Hospital of Santo Cruz do Bispo Prison remains unsuitable for the care and treatment of forensic psychiatric patients. Law enforcement agencies The majority of persons met by the CPT s delegation during the visit stated that they had been treated correctly whilst in police custody. However, a considerable number of allegations were received from detained persons of ill-treatment at the time of apprehension, after the persons concerned had been brought under control, and prior to arrival at police detention facilities as well as during the time spent in police stations. The alleged ill-treatment consisted primarily of slaps, punches and kicks to the body and/or head as well as, on occasion, the use of batons or sticks. From the evidence gathered by the CPT s delegation through interviews with detained persons in different police and prison establishments, it appears that resort to the infliction of ill-treatment particularly against foreign nationals, including for the purpose of obtaining confessions, is not infrequent. Increased efforts and determined action are needed to combat police ill-treatment. In the course of the visit, the CPT s delegation examined a number of cases of ill-treatment investigated by the Inspectorate General of Home Affairs (IGAI), the GNR and the Judicial Police. In respect of the IGAI, the report makes some positive comments but also raises concerns in relation to the promptness with which investigations are carried out and its inability to order forensic medical examinations; securing reliable medical evidence was a problem which affected the investigation of most cases of alleged ill-treatment. Further, in the CPT s view, steps should be taken to speed up the criminal investigation and court procedures and the disciplinary process should be allowed to run in parallel with the criminal investigation. More fundamentally, the CPT recommends that the Portuguese authorities consider the possibility of transforming the IGAI into a completely independent body charged with undertaking criminal investigations into all complaints of ill-treatment by law enforcement officials, with a view to providing the outcome of these investigations to the public prosecutor.

- 6 - As regards safeguards against ill-treatment, the rights of detained persons to notify a family member or a person of confidence about their situation and to have access to a doctor generally operated satisfactorily. However, the majority of persons interviewed stated that they only met an ex officio lawyer at the court hearing before a judge, which could take place up to 48 hours after the moment of apprehension by the police. The CPT reiterates that persons detained by the police should have the right of access to a lawyer as from the very outset of the deprivation of liberty. Prisons Many prisoners met by the delegation in the establishments visited stated that they were treated correctly by prison officers. Nevertheless, a number of allegations of ill-treatment of inmates by prison officers were received at Caxias, Lisbon Central and Montijo Prisons, as well as a few at Leiria Juvenile Prison. The ill-treatment was said to consist of slaps, punches, kicks and blows with truncheons to the body and/or head. The high level of overcrowding within the Portuguese prison system remains a serious problem. The extreme overcrowding in certain establishments (operating at 140% or more of their official capacity) undermined the way in which the prisons operated, affecting not only the material conditions, but also the regime, staff-inmate relations and good order in the establishments. The proposed 10-year plan to upgrade conditions in existing establishments and to build several new prisons should be accompanied by measures to limit the number of persons being sent to prison. The CPT further found that the living conditions within parts of the establishments visited notably at Caxias, Lisbon Central and Setúbal Prisons, were totally unsuitable to hold prisoners and may amount to inhuman and degrading treatment. For instance, in the basement areas of Lisbon Central Prison, the cells were cold, dark and damp with crumbling plaster and rats were entering the cells via the floor-level toilets. Other parts of the prison remained in a state of advanced dilapidation. The conditions for certain vulnerable prisoners at both Caxias and Setúbal Prisons were particular poor, with less than 3m² of living space per prisoner and inmates confined to their cells for up to 23 hours per day. The authorities are urged to provide all prisoners with a minimum of 4m² of living space in multiple-occupancy cells and urgently to renovate the above-mentioned deficiencies. At Lisbon Central Prison, prisoners should be transferred out of the basement areas of B, C, D and E Wings until such time as they have been properly renovated. The regime offered to inmates at most of the prisons visited was impoverished, with insufficient opportunities to work or to engage in education or other purposeful activities. The overall aim should be to offer all prisoners (including those on remand) a normal regime of at least eight hours out of cell engaged in purposeful activities. As regards health care in prisons, there is a need to put in place robust oversight of private contractors and to ensure greater continuity of health care staff. The report further emphasises the importance of ensuring that a thorough medical examination following a violent incident or use of force within a prison as well as of newly arrived prisoners is carried out and any injuries properly recorded. The findings showed that this was not always the case at the time of the visit. Doctors working in prisons should be provided with the necessary training.

- 7 - Disciplinary procedures were generally satisfactory, although the safeguards could be strengthened. As regards solitary confinement as a disciplinary punishment, pending the amendment of Law 115/2009 on the Execution of Criminal Sanctions, the CPT considers that the Portuguese Prison Administration should refrain from imposing disciplinary punishments of solitary confinement of more than 14 days on adults and should not impose such sanctions on juveniles at all. Contacts with the outside world are generally positive, whereas there is a need to introduce a uniform internal complaints system in which prisoners have confidence. The situation at Monsanto High Security Prison has not changed since the CPT s 2013 visit. The vast majority of prisoners are confined alone in their cells for 21 to 22 hours per day, which in the CPT s view is akin to solitary confinement. Urgent steps should be taken to provide inmates with more time out of their cells, engaged in purposeful activities and meaningful human contact. In particular, a programme of purposeful activities should be put in place for each inmate, elaborated upon arrival at the establishment by a multi-disciplinary team and allowing progressively more outof-cell time in the event of the inmate engaging in a positive manner with the regime. The CPT also recommends that all prisoners be able to receive visits from their family members without physical separation once a week, except in individual cases where there may be a clear security concern, as such contacts are likely to facilitate their reintegration into an ordinary regime. An examination of the use of the padded safe cell at Monsanto Prison in which agitated prisoners could be held for up to 10 days revealed a number of abuses. More robust procedures to regulate the use of this cell should be introduced. The safe cell should only be used when all alternative interventions to manage a prisoner s unsafe behaviour would fail to satisfactorily prevent harm, and never for disciplinary or good order reasons. The authority to place a prisoner in the safe cell should be irrevocably delegated to health care staff and there should be constant supervision of the measure by health-care staff, as well as additional safeguards to ensure that the need for continued placement in the safe cell is regularly reviewed. The CPT is also critical of the use of pro re nata medication in prisons (i.e. medication prescribed in advance that is administered as the circumstances require), notably at Lisbon Central and Monsanto Prisons, and recommends that its use should be exceptional and surrounded by the proper safeguards set out in the report. Forensic psychiatric institutions under the Ministry of Justice At the Psychiatric Hospital of Santa Cruz do Bispo Prison, the CPT s delegation was appalled by the conditions in which patients were held and the prison-like atmosphere that prevailed. The establishment cannot provide a therapeutic environment for the care and treatment of psychiatric patients and the CPT recommends that it be closed down and the patients relocated to an appropriate hospital facility. The Committee is further concerned about the allegations of ill-treatment by prison officers received from patients at the Psychiatric Hospital of Santa Cruz do Bispo Prison (slaps and truncheon blows). As regards the regime, a large number of patients at both hospitals visited were not engaged in any meaningful activity for most of the time. At the psychiatric unit of Caxias Prison Hospital, the situation for male patients was exacerbated by their very restricted access to the outdoor yard.

- 8 - At both establishments there was an evident lack of structured therapeutic and rehabilitative activities for patients and the treatment consisted essentially of pharmacotherapy. Moreover, many patients at both establishments showed clear signs of overmedication such as blurred speech, psychomotor retardation and drowsiness during daytime. The range and number of therapeutic and psycho-social rehabilitative activities available to patients should be developed and clear procedures put in place to ensure that there is no overuse of medication. At both hospitals, the CPT s delegation met competent health-care staff. However, at the Psychiatric Hospital of Santa Cruz do Bispo Prison, it remained the case that health-care staff usually did not visit the accommodation wards and only saw the patients when they came to the medical unit to take their medication. Uniformed prison officers were still responsible for the management of patients on the accommodation wards. Such a state of affairs is unacceptable for a hospital facility. The CPT reiterates that prison officers assigned to the Psychiatric Hospital of Santa Cruz do Bispo Prison should be replaced with trained nursing staff. Prison officers called upon to intervene in security related incidents should be specifically selected and trained and always work under the supervision of the health care staff. The CPT has repeatedly recommended that guidelines on restraint in psychiatric institutions under the Ministry of Justice be adopted, which should, inter alia, define which means of restraint may be used, under what circumstances they may be applied, the practical means of their application, the supervision required and the action to be taken once the measure is terminated. At neither of the two institutions visited did such guidelines exist. As regards resort to means of restraint, the CPT is particularly worried about the use of seclusion at the Psychiatric Hospital of Santa Cruz do Bispo Prison. Patients could be kept in seclusion for prolonged periods and allegedly the practice of keeping a patient naked in a seclusion cell had not been abandoned. Such a degrading practice should be abolished immediately. Further, the four seclusion cells should be taken out of service until properly refurbished. More generally, the CPT recommends that steps be taken to ensure that every patient capable of discernment is given the opportunity to refuse treatment or any other medical intervention, which also means that medication should not be hidden in the patient s food without his/her knowledge, as was the case at the Psychiatric Hospital of Santa Cruz do Bispo Prison. As part of the safeguards surrounding forced treatment, an external psychiatric opinion should be sought and the possibility to appeal to an independent authority introduced.

- 9 - I. INTRODUCTION A. Dates of the visit and composition of the delegation 1. In pursuance of Article 7 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Convention ), a delegation of the CPT carried out a visit to Portugal from 27 September to 7 October 2016. The visit formed part of the CPT s programme of periodic visits for 2016 and was the Committee s eighth visit to Portugal since 1992. 1 2. The visit was carried out by the following members of the CPT: - Julia Kozma (Head of the delegation) - María José García Galán San Miguel - Georg Høyer - Dubravka Salčić - Anton Van Kalmthout - Elisabetta Zamparutti. They were supported by Hugh Chetwynd (Head of Division) and Almut Schröder of the CPT's Secretariat, and assisted by Alan Mitchell, medical doctor and Chair of the Independent Prisons Monitoring Advisory Group, Scotland, United Kingdom (expert). B. Establishments visited 3. The delegation visited the following places of detention: Establishments under the authority of the Ministry of the Interior Public Security Police - Amadora, 60th Police Station, Av. Movimento das Forças Armada - Leiria, Command Headquarters, St. Pedro Square - Lisbon, Command Headquarters, Moscavide Avenue - Lisbon, 3rd Police Division, Benfica/André de Resende Street - Pontinha-Loures, 73rd Police Division, Rua Infante D. Henrique - Porto, Belavista Holding Facilities, Agostinho José Freire Street, - Sintra, 89th Police Station, Rio de Mouro/Gil Eanes Avenue - Sintra, 86th Police Station, Casal de Cambra/Moçambique Street - Sintra, 69th Police Station, Algueirão-Mem Martins/Capitães de Abril Avenue 1 The reports on previous CPT visits to Portugal and related Government responses are available on the Committee s website: http://www.coe.int/en/web/cpt/portugal

- 10 - Republican National Guard - Vialonga, Calouste Gulbenkian Street Establishments under the authority of the Ministry of Justice - Caxias Prison - Caxias Prison Hospital (psychiatric unit) - Leiria Juvenile Prison - Lisbon Central Prison - Lisbon Judicial Police Prison* - Monsanto Prison - Montijo Regional Prison* - Porto Judicial Police Prison* - Psychiatric Clinic of Santa Cruz do Bispo Prison - Setúbal Prison - Tires Prison* * Targeted visit primarily to interview remand prisoners C. Consultations held by the delegation and co-operation encountered 4. In the course of the visit, the delegation met Constança Urbano de Sousa, Minister of Internal Administration and Francisca Van Dunem, Minister of Justice. It also held consultations with Isabel Oneto, Deputy Minister of Internal Administration and Helena Mesquita Ribeiro, Deputy Minister of Justice, as well as with Celso das Neves Manata, Director General of Reintegration and Prison Services, Luis Peça Farinha, National Director of the Public Security Police (PSP), Luís Botelho Miguel, Second Commander of the Republican National Guard (GNR), Pedro do Carmo, Deputy National Director of the Judiciary Police, and senior officials from the Ministries of Internal Administration, Justice and Foreign Affairs. Discussions were also held with Margarida Blasco, Inspector-General of Home Affairs (IGAI). The delegation also met representatives of the Office of the Ombudsman responsible for the operation of the National Preventive Mechanism, set up under the Optional Protocol to the United Nations Convention against Torture (OPCAT). A list of the national authorities and organisations met by the delegation is set out in the Appendix to this report. 5. The co-operation provided by the national authorities in facilitating the visit was, on the whole, excellent. The delegation was granted immediate access to the detention facilities it wished to visit and to the persons it wanted to interview, and most of the information required to carry out its task was promptly provided. In particular, the delegation would like to thank the CPT liaison officers for the assistance provided during the visit.

- 11-6. The principle of co-operation set out in Article 3 of the Convention is not limited to steps taken to facilitate the task of visiting delegations. It also requires that decisive action be taken to improve the situation in the light of the Committee s key recommendations. In this respect, the CPT is concerned to note that little or no action has been taken in respect of certain recommendations made in previous reports, in particular as regards the regime for prisoners at Monsanto High Security Prison and the conditions of detention for inmates in certain areas of Lisbon Central Prison and for patients in the psychiatric clinic of Santo Cruz do Bispo Prison. The CPT trusts that the Portuguese authorities will take concrete measures to address the recommendations in this report, including as regards the specific issues highlighted above, in accordance with the principle of co-operation set out in Article 3 of the Convention. D. National Preventive Mechanism 7. Portugal ratified the Optional Protocol to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in January 2013. The Council of Ministers Resolution (No. 32/2012) of 20 May 2013 designated the Ombudsman s Office as the National Preventive Mechanism (hereafter referred to as the NPM), and it started operating as from August 2014. The NPM visiting team, consisting of nine staff members, carries out unannounced monitoring visits to places of deprivation of liberty throughout Portugal. That said, it is regrettable that all staff members assigned to the NPM department are also charged by the Ombudsman s Office with tasks other than those deriving from its NPM function as the Ombudsman s Office did not obtain the three additional staff members it had requested. The CPT is not convinced that this is the best way to ensure an optimal functioning of the NPM. In this connection, reference is made to paragraph 32 of the Guidelines on national preventive mechanisms adopted by the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) in November 2010, according to which: Where the body designated as the NPM performs other functions in addition to those under the Optional Protocol, its NPM functions should be located within a separate unit or department, with its own staff [ ]. The CPT trusts that the Ombudsman s Office will be provided with sufficient resources to fulfil its NPM mandate properly.

- 12 - II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED A. Law enforcement agencies 1. Preliminary remarks 8. In the course of the 2016 visit, the CPT s delegation visited six Public Security Police (PSP) stations in the Lisbon metropolitan area and one station in each of the districts of Leiria and Porto. One National Republican Guard (GNR) station was visited. It also interviewed a number of persons in prison, both sentenced and on remand, who had been apprehended and detained in the recent past by either the PSP or the GNR, both of which come under the responsibility of the Ministry of the Interior. In addition, the delegation examined the treatment of persons detained by the Judicial Police (PJ), which is subordinate to the Ministry of Justice. The legal framework governing the deprivation of liberty by law enforcement officials remains the same as that in place at the time of the 2008 visit. In brief, Article 28(1) of the Constitution and section 254 of the Code of Criminal Procedure (CCP) limit the time for which a person suspected of a criminal offence may be detained in a police station to 48 hours. In practice, other than at the weekends, persons are rarely kept longer than 24 hours in detention and the vast majority are released on police bail after a few hours. 9. At the outset, the CPT wishes to acknowledge the response of the Portuguese Ministry of Interior to its delegation s preliminary observations which it received on 15 February 2017. The preliminary observations are a means for the CPT s delegation to convey certain findings to the authorities based upon its findings to enable them to initiate action prior to receiving the written report. However, it appears from the response to the preliminary findings that there is a fundamental misunderstanding of the CPT s role and concerns. In the course of the visit, the delegation talked to a great number of inmates, in order to provide a quantitative assessment of the occurrence of ill-treatment by police forces in the country. The cases raised by the CPT are but an illustration of its findings and, unless specifically stated, do not require the authorities to commence individual investigations. CPT delegations are always careful to triangulate information before raising specific cases of ill-treatment (credible allegations, witnesses, medical evidence, documentation). See for example the case highlighted in paragraph 11i below. At the same time, the CPT receives credible allegations of ill-treatment from persons who do not wish to have their names disclosed or to make an official complaint as they are fearful of the consequences of making a complaint or have no trust in the complaints system. The CPT is aware of the measures put in place by the Portuguese authorities to combat illtreatment by law enforcement officials. These are positive measures. It also very much appreciates the long-standing cooperation it has had with the Ministry of Interior and with the GNR and PSP. Nevertheless, the CPT wishes to convey its concern that ill-treatment by law enforcement officials is not infrequent and it trusts that the Portuguese authorities will, as usual, have a constructive approach when considering the recommendations laid out below with regard to improving the effectiveness of investigations, strengthening the safeguards surrounding deprivation of liberty and pursuing their efforts to eradicate ill-treatment by law enforcement officials.

- 13-2. Ill-treatment 10. As was the case in 2012, the majority of persons met by the delegation stated that they had been correctly treated by law enforcement officials both at the time of their apprehension and while in police custody. However, the CPT s delegation received a considerable number of allegations of ill-treatment. The alleged ill-treatment related to the time of apprehension, after the persons concerned had been brought under control, and prior to arrival at police detention facilities as well as to the time spent in the police station, apparently as a means to make the suspects confess to particular crimes or in order to punish them for the alleged crime committed. The ill-treatment consisted primarily of slaps, punches and kicks to the body and/or head as well as, on occasion, the use of batons or sticks. The delegation also observed a number of cases of excessively tight handcuffing with detainees still bearing clear marks on their wrists from the cuffs several weeks after they had been arrested. It should be noted that the delegation heard in particular many allegations of ill-treatment made by persons of colour, both Portuguese citizens and foreign nationals; in addition to physical violence, they alleged that police officers (PSP and GNR) insulted them verbally. 11. The CPT wishes to highlight the following cases of alleged ill-treatment. i. On 2 October 2016, a Georgian national alleged that after being arrested and taken to the Pontinha-Loures PSP station his left wrist was cuffed to a chair 2 while he was interrogated. During the interrogation he was hit over the head with a baton twice and received several baton blows to the back. One of the CPT delegation s doctors examined the injuries to his head and back which were clearly consistent with baton blows as was the injury to his right hand which the detained person had used to protect his head from the second baton blow. On examination, he had a lacerated wound on the right parietal area of the head which was freshly encrusted with blood. The fifth finger of the right hand was bruised and swollen. On the back there was a diffuse area of red coloured tram-line bruising measuring approximately 8cm by 5cm which had two sets of parallel bruises therein each of which measured approximately 2cm in length. The tram-line bruises are in keeping with having been hit with a cylinder-like instrument. The delegation also examined the arrest report which made no mention of any violence by the detainee at the moment of apprehension. This case is now being investigated by the Inspectorate General of Home Affairs (IGAI) 3 and the public prosecutor. The CPT would like to be kept informed of the outcome of the investigation by the IGAI and Public Prosecutor s Office and of any subsequent actions taken in respect of this case. 2 Given that the police station has no holding cells and that he was held from 4 a.m. to 3 p.m. on 2 October in the police station, it is highly plausible that he was handcuffed to the chair. 3 IGAI is a distinct body under the Ministry of the Interior with oversight of police activities, including undertaking investigations into cases of alleged police ill-treatment (see paragraph 16 below).

- 14 - ii. Another person alleged that late on 25 August 2016 he was stopped by a plain clothes officer and told to lie on the ground and that subsequently he was hit with an object on the back of his head and subjected to multiple kicks by four officers while on the ground. He stated that he was pushed into a car and the officers continued to hit him until his arrival at the GNR Poceirao station in Palmela. Apparently, the commander in the station berated the officers for bringing him to the station in such a state and provided the suspect with a glass of water with sugar. He was then transferred to San Bernado Hospital in Setúbal where maxillofacial chest and lumbosacral (back) bruising as well as bruising of the lips were noted. He alleges that he told the doctor he had been beaten but that the officers accompanying him interjected that he had in fact fallen down the stairs. The person told the delegation that he informed the judge he had been beaten and that his bloodied clothes and bruised face were clearly visible but that the judge had said it was not her business and that he could make a complaint if he wished. On 27 August, a nurse at Setúbal Prison noted: mentioned injuries before being admitted to this prison. Light bilateral eye oedema. Small injuries oral mucosa. Intense headaches. Missing teeth. On the chest several bruises. On 31 August, the person tried to hang himself and was sent to San Bernardo Hospital again where the doctor also noted the same injuries and his face was photographed. iii. iv. An 18 year old met by the delegation alleged that one week earlier he had been apprehended on the street by PSP plain clothes officers, put on the ground, handcuffed and subsequently kicked and subjected to several baton blows. He was transported to the PSP Benfica station where he allegedly received a few punches to the body. He claimed that he bled from his mouth and nose which explained the multiple bloodstains on his white tracksuit top that he showed the delegation. He still bore visible marks on his wrists from the handcuffs. He had not been examined by a health care professional since his arrival in the Judicial Police Prison and stated that his ex officio lawyer was not interested in raising the injuries before the court. A foreign national apprehended on the street in Sines by GNR officers claimed that when he was lying on the ground they had whacked his backside several times with a stick, kicked him in the head and stood on his legs. Subsequently, he had been handcuffed around a tree with his back scraping the tree whenever he moved, and his shoulder was still sore a week later. The ill-treatment had apparently been inflicted to force the detainee to reveal where certain drugs had been hidden. At court, his lawyer advised him not to make a complaint as the prosecution file included an allegation that he had himself punched a police officer, which he denied. The marks on his head, back and wrists were consistent with his allegations. v. A Bangladeshi national, held in Caxias Prison, made a detailed allegation about being slapped and punched by four PSP officers when arrested on 23 February 2016. He stated that he was handcuffed to a chair overnight and not provided with any food, and that one officer had pulled out a gun, pointed it at his head and stated you deserve to die. The person was taken to Amadora hospital but said that he had not been provided with a copy of the medical report.

- 15 - vi. A person apprehended by the Judicial Police in Porto on 20 June 2016 while exiting from his car alleged that he was punched and kicked all over his body by three or four officers and that one officer hit him over the head with a pistol, causing him to lose consciousness momentarily. Despite bleeding from his head wounds and in pain, he did not receive any medical assistance until two days later when he was transferred to the Judicial Police Prison and referred immediately to hospital for a number of examinations (CT scan, x-rays of chest). The treating doctor at the hospital submitted a complaint to the Public Prosecutor s Office by whom the detained person was later asked to provide a statement about the alleged ill-treatment. The CPT would like to be informed of the outcome of this case. 12. A number of other cases of alleged ill-treatment were described to the delegation by persons in remand detention some of whom had been photographed upon entry to prison and whose cases were forwarded to the Director General of Prisons. In some of these cases the lawyers had lodged a complaint; for example, in the case of a person apprehended on the main road in the Algarve by a PSP intervention unit (GOE) on 4 August 2016, who alleged that he was punched, kicked and stamped on by the police officers after he was brought under control and whose injuries were recorded both at the hospital following the arrest and later upon arrival at Setúbal Prison, the lawyer had raised the case before the judge. The problem of ill-treatment by PSP and GNR officers is also evident from the number of cases of alleged ill-treatment that the IGAI and the internal control units of the GNR and PSP have received. In the CPT s view, the number of reported cases would appear to represent only a fraction of the cases of ill-treatment by the police. In sum, from the evidence gathered by the delegation through interviews with detained persons in different police and prison establishments, it appears that infliction of ill-treatment particularly against foreign nationals, including for the purpose of obtaining confessions, cannot be considered an infrequent practice. This indicates the need for increased efforts and determined action by the Portuguese authorities to tackle the problem of ill-treatment by the police. The CPT recommends that the Portuguese authorities actively promote a clear and firm message of zero tolerance of ill-treatment of persons deprived of their liberty. It should be reiterated to law enforcement officials, including from the highest political level and through appropriate training, that any form of ill-treatment of detained persons constitutes a criminal offence and will be prosecuted accordingly. The Committee would also like to be informed of the investigative steps taken in relation to the case referred to in this paragraph. 13. The CPT recognises that the arrest of a suspect is often a hazardous task, in particular if the person concerned resists and/or is someone whom the police have good reason to believe may be armed and dangerous. The circumstances of an arrest may be such that injuries are sustained by the person concerned (and by police officers), without this being the result of an intention to inflict illtreatment. However, no more force than is strictly necessary should be used when effecting an arrest. Furthermore, once arrested persons have been brought under control, there can be no justification for their being struck by police officers. In light of the information gathered during the 2016 visit, the CPT recommends that police officers be regularly reminded of these basic principles, including through practical training exercises. Further, every use of force by law enforcement officials should be properly documented (description of facts; any injuries sustained; whether the detained person was brought to hospital, etc.).

- 16-3. Effective investigations of ill-treatment 14. The effectiveness of action taken when ill-treatment may have occurred constitutes an integral part of the CPT s preventive mandate, given the implications that such action has for future conduct. The credibility of the prohibition of torture and other forms of ill-treatment is undermined each time officials responsible for such offences are not held to account for their actions. If the emergence of information indicative of ill-treatment is not followed by a prompt and effective response, those minded to ill-treat persons deprived of their liberty will quickly come to believe and with very good reason that they can do so with impunity. Conversely, when officials who order, authorise, condone or perpetrate torture and illtreatment are brought to justice for their acts or omissions, an unequivocal message is delivered that such conduct will not be tolerated. 15. In the report on the February 2012 visit, the CPT described a serious allegation of illtreatment of a person by a National Republican Guard (GNR) officer. 4 As it appeared that no effective investigation had been carried out into this case, 5 the Committee decided to examine for itself the manner in which the investigation was carried out and to look more generally at the system in place to investigate allegations of ill-treatment by law enforcement officials during its May 2013 visit. 6 On 15 May 2013, the Public Prosecutor s Office was provided with the case file and the CPT s delegation was informed that a criminal investigation would be opened. On 13 March 2015, the CPT was informed by the Portuguese authorities that no further investigative steps had been taken in the context of the Inquiry File 300/13.OT3.ST3C apart from those already made during the GNR internal proceedings. Consequently, the case was dismissed. Given that the CPT had clearly demonstrated that the internal GNR inquiry had not been thorough, 7 that the witnesses had not been interviewed, the medical and photographic evidence not examined and the allegations of beating with a piche de boi not considered, the CPT was disappointed by the apparent lack of action from the public prosecutor to carry out an effective investigation into the case. 16. In the course of the 2016 visit, the CPT wished to re-examine the system of investigating allegations of ill-treatment and to see whether it met the criteria of effectiveness. That is, are the persons responsible for carrying out such an investigation independent and impartial of those implicated in the events, and are the investigations carried out promptly and thoroughly (i.e. have all reasonable steps been taken to secure evidence concerning the incident?). The CPT s delegation held a series of meetings with the Inspectorate General of Home Affairs (IGAI) and examined several cases of investigations into allegations of ill-treatment undertaken by the IGAI as well as by the internal units of the GNR and Judicial Police. The co-operation of these bodies in enabling the delegation to examine the various files and to conduct an open and frank dialogue, notably with the IGAI, was highly appreciated by the CPT s delegation. 4 See the report on the CPT s 2012 periodic visit - CPT/Inf (2013) 4, paragraph 10. 5 See the Portuguese authorities response to the report on the 2012 visit - CPT/Inf (2013) 5, pages 7 and 8. 6 See the report on the CPT s 2013 ad hoc visit - CPT/Inf (2013) 35, paragraphs 54 to 60. 7 This was acknowledged in the response of the Portuguese authorities to the CPT s 2013 report on page 34; The investigation conducted by the GNR during the inquiry procedure was far from being complete, sufficient and objective.

- 17 - The CPT recalls that, in parallel with the powers of public prosecutors to institute criminal procedures, the investigation of complaints relating to alleged ill-treatment by the police is carried out by the internal investigation services of the PSP and GNR, respectively, or by the IGAI. In principle, whenever an action of the police results in allegations of grievous bodily harm or death, the facts should be communicated to the Minister of Internal Affairs who will request the IGAI to carry out an investigation. The IGAI may also take up cases ex officio. The delegation was informed that all cases of criminal conduct should be reported to the public prosecutor who is thereafter in charge of investigating and bringing charges. Also, only the prosecutor may at present order a forensic medical examination to be performed. 17. According to the statistics provided to the CPT, in 2015 the IGAI supervised inter alia 248 cases of physical offences of which 164 related to the PSP and 81 to the GNR. 8 The IGAI also directly carried out 19 investigations and 24 disciplinary proceedings. Separately, in 2015 GNR reported that it had opened 33 disciplinary proceedings, 33 enquiry proceedings and 33 criminal proceedings concerning alleged ill-treatment cases by GNR officers. The PSP reported only three cases for 2015. In order for the CPT to gain a complete picture of the number of cases of alleged ill-treatment by law enforcement officials, and of the outcome of investigations into such allegations, the Committee would very much appreciate receiving statistics concerning the Public Prosecutor s Office for the years 2013, 2014, 2015 and 2016 regarding: - the number of complaints that have been registered with the Public Prosecutor s Office (PPO) concerning (serious) bodily harm allegedly inflicted by members of the GNR, PSP, SEF, JP, or prison guards; - the number of indictments brought by the PPO in the above-mentioned cases; - the number of sentences handed down by the courts in these cases, including information on the punishment awarded in each of these cases. 18. As regards the internal investigations undertaken by the GNR, the files examined concerning the 14 cases in the Setúbal area in 2015 showed that the public prosecutor was always informed about cases of alleged ill-treatment, whereas IGAI was not always informed. Steps were taken by the investigators to interview all relevant witnesses. The disciplinary investigations were usually suspended until the public prosecutor had determined that criminal proceedings would not follow and, generally speaking, it appeared that the disciplinary proceedings would thereafter also be closed. The primary reason was that in most cases there was no medical evidence or poorly recorded medical evidence from a public hospital and, at the end of the process, the investigator had to determine whether to believe the police officer(s) or the alleged victim. From the disciplinary cases examined, a slight bias could be detected as the version of events recounted by the GNR officers was believed over and above that of the witnesses and victims without any explanation as to why the witnesses were less credible. It also appeared that the prosecutor responsible for the criminal investigation of alleged ill-treatment by the GNR officer(s) was the same prosecutor charged with the criminal investigation against the alleged victim, which raises a problem of impartiality. 8 Three cases concerned the Immigration and Border Service (SEF).

- 18 - The CPT recognises that the IGAI does not possess the personnel to deal with all the cases of disciplinary infringements committed by police officers directly and that therefore a number of cases are left in the hands of the internal control bodies of the PSP, GNR and SEF to investigate. However, it appeared from a number of the GNR files examined that the internal police bodies continued to investigate cases of severe allegations of ill-treatment, despite the IGAI stating that all such cases would be investigated by it. Further, the delegation was informed by a GNR investigator that there was no obligation to report all cases to the IGAI and in the 14 cases referred to above there was no evidence that any of the cases had been communicated to the IGAI. The CPT would appreciate the observations of the Portuguese authorities on the points raised in this paragraph. 19. An examination of a sample of the IGAI cases showed that the files were meticulously maintained, the decisions well-argued and elaborate, and many necessary investigative steps were undertaken to determine the truth. It is also positive that the IGAI shares all allegations of illtreatment of a more severe nature with the Public Prosecutor s Office. However, there are two serious concerns relating to the work of IGAI, these being the promptness with which investigations are carried out and the inability to order forensic medical examinations; securing reliable medical evidence is a key factor in any case of alleged ill-treatment. For example, in case PND-39/2010, a male student, together with his female friend, was arrested by PSP officers for public disturbances and taken to Bairro Alto police station on 24 May 2010 where he was allegedly ill-treated. When he was released from the station, he went to the emergency unit of the local hospital where a craniofacial trauma with aligned fracture of the left jaw, bleeding head wounds and excoriations in the face were diagnosed; he had to undergo surgery. On 28 May 2010, the IGAI commenced the investigation; at the beginning of November 2010, the Minister of Interior approved the opening of a disciplinary procedure. At the same time, the suspension of the disciplinary procedure for the time of the ongoing criminal procedure was pronounced; it was lifted at the beginning of June 2015, when the criminal case was concluded. On 3 March 2016 (i.e. almost six years after the facts), the IGAI proposed a disciplinary punishment of 75 days suspension, which was subsequently appealed and was still pending at the time of the October 2016 visit. Given the existence of the medical evidence from the outset of the investigation, it is not clear why this case was not investigated in a more prompt manner; it took five years for a court decision and even after more than six and a half years, no disciplinary punishment has yet been imposed on the law enforcement officials concerned. As far the CPT was informed, the persons responsible for the ill-treatment continued to work as police officers interacting with the public throughout the period instead of being suspended or transferred to another service. This was by no means a unique case. 9 9 See for example PND-10/2009 and PND-11/2009.

- 19-20. In the CPT s view, to avoid a situation of de facto impunity, steps should be taken to speed up the criminal investigation and court procedures, as is the case when members of the public commit acts of violence against other persons. Further, the disciplinary process should be allowed to run in parallel with the criminal investigation. The level of proof required for a disciplinary sanction is lower than that for a criminal conviction, and it is important that the authorities be seen to be acting to punish acts of ill-treatment within a reasonable period of the events taking place. Further, from the files examined by the CPT s delegation it did not appear that the Public Prosecutor undertook further investigative steps to obtain evidence but rather relied on the evidence gathered by the IGAI. 10 In many of the cases, the lack of medical evidence was a main factor in not being able to pursue alleged cases of ill-treatment by law enforcement officials. The effectiveness of the IGAI could be improved if it was able to order itself timely forensic medical examinations of persons alleging ill-treatment by law enforcement officials. Moreover, the CPT considers that the very fact that the Minister of the Interior has to approve the opening a disciplinary procedure undermines the independence of the IGAI and while in practice this might only be a formality, such a requirement should not exist. Further, there is a need to ensure that all the posts (particularly those reserved for seconded judges and prosecutors) allocated to the IGAI are filled to ensure that the body can operate effectively. The CPT also recommends that the IGAI be granted the same powers as the Public Prosecutor s Office to order forensic medical examinations. It would like to be informed whether all the posts (particularly those reserved for seconded judges and prosecutors) allocated to the IGAI have now been filled to ensure that the body can operate effectively. Further, to bolster the independence of the IGAI, it should not have to rely on the formal approval of the Minister of Interior to open a disciplinary procedure. 21. More fundamentally, the CPT is of the view that every alleged case of ill-treatment by law enforcement officials should be criminally investigated thoroughly and promptly, and transmitted to the Public Prosecutor s Office with a recommendation either to prosecute or dismiss the case. To this end, building on the findings of the visit, one approach to reinforce the capability and effectiveness of investigations into allegations of ill-treatment by law enforcement officials would be to make IGAI a fully independent body outside of the Ministry of Interior, with certain additional competences to investigate all cases of alleged ill-treatment and to provide the outcome of these investigations to the PPO. The CPT recommends that the Portuguese authorities consider the possibility of transforming the IGAI into a completely independent body charged with undertaking investigations into all complaints of ill-treatment by law enforcement officials, including complaints which may constitute a criminal offence. The CPT considers that with these increased competences the IGAI would be in a position to provide support to the Public Prosecutor s Office to ensure effective investigations and it would send an even stronger message on the determination of the Portuguese authorities to combat impunity. The Committee recognises that this proposal represents an important re-evaluation of the current approach and to this end would be ready to pursue this matter through an exchange of views should the Portuguese authorities so wish. 10 Interestingly, in one case where the Public Prosecutor s Office came across an allegation of ill-treatment by a police officer in the course of an investigation into corruption, it referred the issue of alleged ill-treatment to the IGAI to investigate.